BILL NUMBER: S936

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the public housing law, in relation to establishing
uniform waiting list priorities for domestic violence survivors applying
for public housing

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires statewide housing authorities, in reviewing applicants, to
grant domestic violence survivors the same preference as granted other
prioritized populations, should the authority establish waiting list
preferences. Establishes a standardized definition of domestic violence
when determining applicant eligibility for the preferred population.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the public housing law by adding a new section 62 that
adds domestic violence survivors to the waiting lists priorities for
public housing.
              

Section 2 is the effective date.

 
JUSTIFICATION:

The U.S. Department of Housing and Urban Development (HUD) states that
New York State had the largest absolute increases of homeless individ-
uals from 2007 to 2017, with 25,902, or 43%a more people left without
homes. In New York City, specifically, domestic violence is the second
leading cause of homelessness. Across New York State, domestic violence
and sexual assault hotlines received a total number of 305, 979 calls in
2016, a 22% increase from the number in 2015.  Cut of 135 organizations
across the state that provide some sort of domestic violence services,
"housing services" is the least common category. New Destiny Housing
states that "60% of domestic violence shelter residents who exited the
emergency shelter system in 2011 were unable to secure permanent housing
or a transfer to a transitional shelter." This leaves a vulnerable popu-
lation out on the streets choosing between returning back to the abuser,
often the "income producer" of the family, or remaining homeless. An
effective way to combat homelessness is by providing long-term afforda-
ble housing; The National Alliance to End Homelessness states that "by
connecting people experiencing homelessness to housing and services,
they have a platform from which they can address ss other areas that may
have contributed to their homelessness, such as employment, health, and
substance abuse."

A dominant, federally funded form of housing assistance administered by
the state is the New York State Homes and Community Renewal (HCR)
Section 8 Housing Choice Voucher (HCV) Program. With efforts to provide
rental assistance and home ownership assistance to very low, income
households across the state, the program also targets the following
populations: "senior citizens and disabled persons on fixed incomes,
displaced families, and homeless individuals with disabilities." This
program, however, does not explicitly extend its services to domestic
violence survivors, leaving them without this option to rent or purchase
"decent, safe and sanitary housing in the private housing market." Simi-
larly, applicants of certain demographics, such as the elderly, disabled
and the homeless, may receive priority placement to receive rental
assistance; however, as Affordable Housing Online explains

 
LOCAL

Offices have leeway in defining this preference, and the specific defi-
nition tends to vary greatly by each housing office. Some may require
legal documentation, or that the applicant currently lives in a shelter
specifically for victims of domestic violence."

In New York City, for instance, the New York City Housing Authority
labels survivors of domestic violence with a Ni priority. This follows
the NO preference, which includes city agency referrals. In 2016, the
Picture of Subsidized Housing database demonstrated that "persons who
were issued a voucher in the preceding 12 months waited an average of 29
months on the waiting list." Other housing authorities, such as those in
Albany, Ulster County, and Ithaca do not mention survivors of domestic
violence as a preferred population, despite placing preference on other
populations. This legislation would require the Housing Choice Vouchers
(HCV) program to provide a uniform definition across local offices to
ensure domestic violence survivors receive an equal opportunity for
explicit priority status as other populations, such as the aforemen-
tioned populations. HUD states that "PHAs may establish local prefer-
ences for selecting applicants from its waiting list" ; as such, this
legislation gives localities the ability to decide whether or not they
do prefer certain populations on the waiting lists over others - such as
Mamaroneck Housing Authority, which has no preferred populations; howev-
er, if localities do establish preferences, this legislation
 would require them to include survivors of domestic violence as a
preferred population along with other groups of people they will give
priority to. - This legislation provides domestic violence survivors
with access to stable, long-term housing across New York State.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S.3694 - Referred to Housing, Construction and Community Devel-
opment:

2019-20: S.2162 - Referred to Housing, Construction and Community Devel-
Opment

2021-22: S.1681 - Passed Senate.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately and shall apply to local housing authorities upon the addi-
tion of any person to any of the authority's waiting lists.